ISSUE DATE:
May 02, 2024
CASE NO(S).:
OLT-23-000888
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27.
Appellant:
Bowmanville North (Soper Springs) Landowners Group Inc.
Appellant:
Building Industry and Land Development Association (BILD)
Appellant:
Durham Region Home Builder's Association
Appellant:
Fieldgate Developments and Umiak Investments Limited
Subject:
Appeal of Decision
Description:
Development Charge By-Law 42-2023
Reference Number:
By- Law 42-2023
Property Address:
Region Wide
Municipality:
Durham
OLT Case No.:
OLT-23-000888
OLT Case Name:
BILD et al v. Durham (Region)
Heard:
April 25, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Fieldgate Developments
Paul DeMelo
Umiak Investments Limited
Paul DeMelo
Building Industry and Land Development Association
Robert Howe
Durham Region Home Builders’ Association
Robert Howe
Bowmanville North (Soper Springs) Landowners Group Inc.
Alex Lusty
Shoal Bayly Ontario Inc.
Michael Cook
Regional Municipality of Durham
Denise Baker
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON APRIL 25, 2024
1On April 25, 2024, the Tribunal held the first Case Management Conference (“CMC”) regarding appeals relating to the passage by the Regional Municipality of Durham (“Region”) of Development Charges By-law No. 42-2023 (“By-law”).
2No requests for Added Party or Participant status were received by the Tribunal or made at the CMC.
3At the CMC, the Region provided the Tribunal with an update on discussions among the Parties and the identification of the issues to be adjudicated. The Region stated that it received a list of questions relating to the By-law from the Building, Industry and Land Development Association (“BILD”) and the Durham Region Home Builders’ Association (“DRHBA”), which the Region is working on answering. The Region suggested that the answers to these questions will assist in identifying the issues to be adjudicated and may open opportunities for settlement discussions and mediation. The Region suggested that time be provided to allow it to answer the questions and discuss the identification of issues with the Parties. The Region suggested that a further CMC be scheduled for late June or early July at which a further update on progress can be provided and a draft Procedure Order and Issues List can be considered by the Tribunal.
4All of the Parties agreed to this pathway forward suggested by the Region.
5The Tribunal scheduled a further CMC to be held by video hearing on Friday, July 5, 2024 commencing at 10 a.m.
6Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
7Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.
9Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the video hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10The Tribunal requests that the Region answer the questions posed by BILD and DRHBA by Tuesday, May 21, 2024 and to circulate its responses to all of the Parties. It requests that the Parties prepare and exchange their draft Issues Lists by
Friday, June 21, 2024, and it requests that the Parties file a draft Procedural Order and consolidated Issues List with the Tribunal’s Case Coordinator by Wednesday, July 3, 2024.
11The Tribunal strongly encourages the Parties to engage in settlement discussions during the time period prior to the next CMC and encourages them to consider requesting Tribunal-assisted mediation, if needed.
12There will be no further notice.
13This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
VICE-CHAIR
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.